Perpetual Utility Easement County - City of Ellensburg (Delphine)

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After recording return to: Public Works Department City of Ellensburg 501 N Anderson St Ellensburg, WA 98926 DOCUMENT TITLE:PERPETUAL UTILITYEASEMENT GRANTOR:Kittitas County GRANTEE:City of Ellensburg, a Washington municipal corporation. LEGAL DESCRIPTION <Easement Area>:Kittitas County parcel number 383133 (map number: 18-18-35055-1817; Situs: 514 W 12TH AVE ELLENSBURG), in its entirety, located in the SW ¼ of Section 35, Township 18 N and Range 18 E The East Half of vacated Delphine Street lying adjacent to Lot 1 Block 18, Tacoma Addition to the City of Ellensburg, in the County of Kittitas, State of Washington, as per plat thereof recorded in Book 1 of Plats, page 57, records of said County. (CD. 1981-1; TWN EBURG; TACOMA ADD. VAC. DELPHINE ADJCNT TO LOT 1; BLK 18) Except any portion thereof lying within Pudin’s Acre Tracts, in the County of Kittitas, State of Washington, as per plat thereof recorded in Book 2 of Plats, page 31, records of said County. PERPETUAL UTILITY EASEMENTTHIS NON-EXCLUSIVE PERPETUAL UTILITYEASEMENT(hereinafter referred to as the “Utility Easement” is made, declared and established this _______ day of ________________, 2019, by and between the KITTITAS COUNTY, Grantor and the CITY OF ELLENSBURG, a Washington municipal corporation, Grantee (collectively referred to as the “Declarants”).WHEREAS, the Grantor owns the real property situated in Kittitas County, State of Washington, which is legally described above; and WHEREAS, the Grantor dedicates the Utility Easement to the CITY OF ELLENSBURG, a municipal corporation; and WHEREAS, the CITY OF ELLENSBURG, a municipal corporation,desires to establish and reserve unto itself a non-exclusive,perpetual easement for utility purposes,NOW, THEREFORE, for and in consideration of the benefits contained and derived hereunder, and for other good and valuable consideration, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor, for and on behalf of itself and itssuccessors in interest and assigns, does hereby convey, grant, declare, reserve unto itself, and establish the following easement for the benefit of Grantee: Perpetual Utility EASEMENT1.1 Location. The Grantor hereby conveys,grants, declares, reserves, and establishes a non-exclusive, perpetual easement over, across, and under the parcel as previously described (the “Easement Area”). 1.2Use. The Declarants acknowledge and agree the UtilityEasement exists for the benefit of Grantee’s various public street andutility construction and useand burdens Grantor’s property. The UtilityEasement is to be used by the Grantee, and its successors and assigns together with other granteesfor the purposes of locating, constructing, operating, utilizing, repairing, maintaining, improving, removing, and enlarging the public utility systems, and any and all associated facilities or appurtenances necessary to the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of accessover and across the above-described parcel to enable Grantee to exercise its rights hereunder. Further, Grantee reserves the right to convey, grant, or declare private utility easements within the Easement area, with the same access rights thereto over and across the above-described parcel, when Grantee determines the same to be in the public interest. 1.3Maintenance of the Utility Easement. If and when the Grantee maintains, repairs, or improves the Utility Easement or the infrastructure within the UtilityEasement for any reason, the Grantee, at the conclusion of said maintenance, repair, or improvement of said infrastructure located on the UtilityEasement shall have the obligation of returning any unused surface area of the easement to the condition it was in prior to the maintenance, repair, or improvement which resulted in a disturbance of the surface. The cost of returning the surface to its prior condition shall be the sole and separate responsibility and obligation of the Grantee.1.4Clearing and maintenance. Grantee shall have the right to remove, trim or cut any brush, trees, shrubs or other vegetation standing or growing upon or adjacent to said facilities which in the opinion of the Grantee constitutes an obstruction to the maintenance, repair or improvementof, or a danger to, said facilities. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees, shrubs or other vegetation in the Easement area. In addition, Grantee shall have only non-exclusive use of the property as described in the easement, together with the rights of the Grantor and other Grantees Any plantings or improvements that exist in or on the easement area shall be subject to removal by the City, without penalty to the City, at such time as a public street or utility system is constructed in the easement area. Further, the granting of this easement shall not absolve the owners of the property of any requirements or responsibilities which attach to this property toward the cost of street or utility construction in the easement area, as contained in the Ellensburg City Code and adopted physical improvement standards. The Grantee hereby warrants that access in the easement will be maintained.By making the easement area available the Grantor further confirms that no permanent above ground structures will be located on the easement.Further, the owners of the property shall keep all permanent structures set back from the perimeter of the easement area a distance equal to that as contained in the zoning classification for the property in order to insure that no conflicts arise between the permanent improvements on the remainder of the property not subject to the easement, and future construction of the public street or utilities. AGREEMENTS BETWEEN GRANTOR AND GRANTEE. The rights, title, privileges, and authority hereby granted shall continue and be in full force until such time as the Grantee, its successors or assigns, shall permanently remove said facilities and/or appurtenances from said property, or shall otherwise permanently abandon said facilities, at which time all such rights, title, privileges, and authority hereby granted shall terminate, and Grantee, at the request of Grantor, shall execute a document evidencing such termination and clearing title of this easement. It is understood that at such time as the parent parcel is subdivided, a parcel will be created coincident with this easement boundary and immediately dedicated to the City of Ellensburg Water Department at plat recording. EASEMENT RUNS WITH THE LAND. The easement granted herein, the restrictions established herein, and the covenants on the part of the Declarants, shall run with the land described herein and shall bind and be obligatory upon the parties and their respective successors and assigns, tenants, subtenants, licensees, and invitees. SUCCESSORS AND ASSIGNS.Declarantsshall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in or under the easement conveyed, granted and reserved herein. Without limiting the generality of the foregoing, the rights and obligations of the declarants shall inure to the benefit of and be binding upon their respective successors and assigns. TITLES AND HEADINGS. Titles and headings are for descriptive purposes only and do not control or alter the meaning of this agreement or any provision thereunder as set forth herein INDEMNIFICATION. The Grantee shall defend and indemnify Grantor against any liability for damage to persons or property arising from the public’s use of the easement under this agreement. The Grantee shall not be required to indemnify Grantors for any such liability arising out of the negligent or wrongful acts of the Grantor or the employees or agents of the Grantor. KITTITAS COUNTY, GRANTOR KITTITAS COUNTY BOARD OF COMMISSIONERS By:___________________________ Chair___________________________ Vice-Chair___________________________ Commissioner ATTEST: BY: DATE: STATE OF WASHINGTON)) ss. County of Kittitas)On this day personally appeared before me, the undersigned Notary Public, in and for the State of Washington, duly commissioned and sworn, Cory Wright, Laura Osiadacz, and Brett Wachsmith, Authorized Signatories for Kittitas County, as GRANTOR, who executed the within and foregoing instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said property, for the uses and purposes therein mentioned, and on oath stated that ____ was authorized to execute said instrument.Dated this _____ day of _______________________, 2019. Notary Signature: _______________________________________ Printed Name:_______________________________________ Notary Public in and for the State of Washington, residing at ______________________________ My Commission Expires: _______________________________________ CITY OF ELLENSBURG, GRANTEE By:___________________________Derek Mayo, City Engineer STATE OF WASHINGTON)) ss. County of Kittitas)On this day personally appeared before me, the undersigned Notary Public, in and for the State of Washington, duly commissioned and sworn, _________________________, the ____________________ of the CITY OF ELLENSBURG, as GRANTEE, a Washington municipal corporation, who executed the within and foregoing instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said city, for the uses and purposes therein mentioned, and on oath stated that ____ was authorized to execute said instrument.Dated this _____ day of _______________________, 2019. Notary Signature: _______________________________________ Printed Name:_______________________________________ Notary Public in and for the State of Washington, residing at ______________________________ My Commission Expires: _______________________________________